Gas Pipelines Access (Commonwealth) Act 1998
Act No. 101 of 1998 as amended
[Note: This Act was repealed by Act No. 45 of 2007 on 1 July 2008]
This compilation was prepared on 1 July 2008
taking into account amendments up to Act No. 131 of 2006
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Schedule(s)
4 Interpretation of this Act and related legislation
5 Definitions
6 Crown to be bound
7 Extra‑territorial operation
Part 2—Application of this Act, the Gas Pipelines Access (Commonwealth) Law and the Gas Pipelines Access (Commonwealth) Regulations in particular circumstances
8 Application of laws in certain Territories and offshore areas under this Act
9 Application of Gas Pipelines Access Law in certain offshore areas under the Offshore Petroleum Act 2006
10 Application of Gas Pipelines Access Regulations in certain offshore areas under the Offshore Petroleum Act 2006
11 Extended operation of certain State and Territory Laws
12 Interpretation of some expressions in the Gas Pipelines Access (Commonwealth) Law and the Gas Pipelines Access (Commonwealth) Regulations
Part 3—National administration and enforcement
Division 1—Conferral of functions and powers
13 Commonwealth consent to conferral of functions etc. on Commonwealth Minister
13A How duty is imposed
13B When the gas pipelines access legislation of a State or Territory imposes a duty
14 Functions and powers conferred on local Ministers, local Regulators and local appeals bodies in or in relation to jurisdictional area of the Commonwealth
15 Conferral of functions on Code Registrar
Division 2—Federal Court
16 Jurisdiction of Federal Court in relation to Gas Pipelines Access Law and Regulations
17 Conferral of jurisdiction on Federal Court by Territories not to affect cross‑vesting law
Division 3—Administrative decisions
18 Application of the Administrative Decisions (Judicial Review) Act 1977
Part 4—Miscellaneous
20 Exemption from Commonwealth taxes
21 Exemption from State and Territory taxes
22 Actions in relation to cross‑boundary pipelines
23 Regulations
Schedule 1—Amendment of Commonwealth Acts to facilitate the national scheme
Notes
An Act to make provision for the regulation of third party access to natural gas pipeline systems, and for other purposes
Preamble
This Preamble sets out the matters taken into account by the Parliament in enacting this Act.
The Council of Australian Governments agreed, in February 1994, to general principles of competition policy reform to enable third parties, in particular circumstances, to gain access to essential facilities.
The Council of Australian Governments, as part of that commitment to reform, agreed to more specific proposals for the development of free and fair trade in natural gas.
The Commonwealth, the States of New South Wales, Victoria, Queensland, South Australia, Western Australia…
Overview
The Gas Pipelines Access (Commonwealth) Act 1998 was enacted by the Australian Parliament to facilitate a uniform national framework for third-party access to gas pipelines. This legislation was developed in response to the need for a competitive natural gas market that prevents monopoly abuse and promotes fair access to gas pipelines. The Act complements the gas pipelines access legislation of various states and territories, ensuring a cohesive national scheme. It addresses the need for consistent regulation across jurisdictional boundaries and provides mechanisms for dispute resolution and enforcement. The Act was repealed by the Gas Pipelines Access (National Scheme) Act 2007 on 1 July 2008, which aimed to streamline and modernise the regulatory framework for gas pipelines.
Scope and Application
The Gas Pipelines Access (Commonwealth) Act 1998 (Cth) applies to the regulation of third-party access to natural gas pipeline systems in Australia, establishing a national framework for such access in alignment with the collective operation of gas pipelines access legislation across all participating jurisdictions. The Act binds the Commonwealth in all its capacities except for the Crown in right of Norfolk Island, and its extra-territorial operation is intended to cover things, acts, transactions, and matters occurring both within and outside Australia, provided these do not extend beyond the jurisdictional areas of all scheme participants. The Act applies in external territories and offshore areas under specific provisions, as well as in the Jervis Bay Territory, and extends to certain offshore areas under the Offshore Petroleum Act 2006. It also facilitates the operation of gas pipelines access legislation from states and territories in offshore areas through the conferral of functions and powers to relevant authorities. The Act provides for the exemption from Commonwealth and state/territory taxes for certain transfers of assets or liabilities related to the regulation of natural gas businesses. The application of the Act can be extended or modified through subordinate instruments, and it confers jurisdiction on the Federal Court for civil and criminal matters arising under the Gas Pipelines Access (Commonwealth) Law. The Act was repealed by the Gas Pipelines Access (Commonwealth) Act 2007 on 1 July 2008.
Key Provisions
- The Gas Pipelines Access (Commonwealth) Act 1998 (the Act) provides a national framework for third-party access to natural gas pipelines, with provisions covering national administration, enforcement, and the application of the law in certain circumstances. The Act allows for the conferral of functions and powers to the Commonwealth Minister, local Ministers, Regulators, and appeals bodies, and it provides for the jurisdiction of the Federal Court in relation to civil and criminal matters arising under the Gas Pipelines Access (Commonwealth) Law. It also sets out the extra-territorial operation of the Act and related legislation and provides exemptions from Commonwealth, State, and Territory taxes in certain circumstances.
- The Act imposes various obligations on parties and entities it governs. For instance, it allows State or Territory gas pipelines access legislation to confer functions or powers, or impose duties, on the Commonwealth Minister, provided such conferral or imposition does not contravene constitutional doctrines or exceed legislative powers (sections 13 and 13A). Additionally, local Ministers, Regulators, and appeals bodies may perform functions or exercise powers in or in relation to the jurisdictional area of the Commonwealth (section 14). The Act also requires the Code Registrar to have certain functions and powers and any additional functions and powers conferred by unanimous resolution of the relevant Ministers of the scheme participants (section 15).
- Breaches of the Act or related legislation can result in civil or criminal consequences. The maximum penalties for offences under the Act are not explicitly stated in the text provided, but the Act does outline specific penalties and enforcement measures for breaches of the Gas Pipelines Access (Commonwealth) Law and Gas Pipelines Access (Commonwealth) Regulations. Furthermore, actions taken under the gas pipelines access legislation of a scheme participant in relation to cross-boundary pipelines are deemed to be actions taken under the gas pipelines access legislation of each other scheme participant in whose jurisdictional area a part of the pipeline is situated (section 22). The Governor-General may make regulations to prescribe matters required or permitted by the Act or necessary or convenient to carry it out or give effect to it (section 23).
- Area of Law
- Energy Law
- Environmental Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Licensing & Registration
- Transitional Provisions
- Exemptions & Exclusions
- Delegated & Subordinate Legislation
